The Washington critic., 1887-02-24
WASHINGTON, FEBRUARY "a, 1887
THE uNwRIrrEN LAW.

In answer TO petition from q num-
Ter of ladies of De Soto parish, Louisl-
ana, for the pardon of DIR. r. G.. Ford,
who was recently found guilty Of
nanslaughter and sentenced to fifteen
years imprisonment, Governor Nc
Emery gallantly responds that as soon
as the law applicable TO such cases is
complied with, which requires the as
sent of the board of pardons, COM
posed of the tiial judge. the lieutenant.
governor and attorney general he will
grant the clcmcucy requested.
1t will be iemeWbered that DR.. Forl
had killed one kirkpatrick for alien
atiug the affections t his wife.
The Governor adds. with some en-
phasis, that IL 1t had been in his power,
he would have psrdoued the avenging
husband before conviction, aud closes
his letter as follows:
1t fs the unwritien Inv Of the land; IL Is i'm.
rerativc In its mandate tba' the destroyer of
female virtue -nf home and domestic happl-
ness-shall forfeit his life
This is plain talk Coming from the
chief executive of great State. sworn
10 the maintenance and execution of the
written law, 1t is almost startling in Its
plainness. Yet the code of ethics here
announced is nothing new. 1t Is much
older than Governor McEnery much
older than the State of Louisiana. 1t
the law of crude and primitive commu-
mites, e-dating and superseding all
other laws. tits the law of organized
society, higher than all its voluminous
statutes. 1t has been so recognized
time and again by intelligent juries in
verdicts of acquittal. 1t is as much
law, as 1t is law that every mans house
is his castle, which he is justified in de.
Tending, even to the death, against as.
sault.
1t is not altogether certain, however,
that Governor McEnery is treading
upon safe and exemplary ground in the
declaration, for which there was nc
special call, that he would have par.
doned DR.. Ford In advance of his trial
If 1t had been In his power to do so. II
does not come within the province OF
the Governor Of Ia State to prejudge the
facts of case, even alphabetically, and
decide whether the written or the un.
written law shall apply. For all homi.
Cldes Of similar character, there nigh,
not be the same justification. AS "a rule
the interposition of the courts is neces
sary to determine whether q defendant
In Staying the alleged invader of hi.
peace. was acting in obedience to the
unwritten law or in violation of the law
that is written-wheiher he may moi
have been inspired to murder by mis-
representations, into the truth or falsity
Of which he had not made proper in.
quiry, or by jealous passions that per.
verted his judgment and caused him tc
shed innocent blood.
Governors, like common citizens
should be slow to say or do anything
that may tend to unsettle the founda
tioi of the statutes which society has
erected for its protection or to discredi
as superfluous and unnecessary the
functions of the jury to make due in
quests and render righteous yer lies
So that while we may admire the
chivalric motives that prompt the Gov
ernor In the case of DR.. Ford, we car
but feel that his action would have
been quite as effective had 1t been &C
companied by more dlscreetness Of ex
preston and less latitude of persona
feeling. No precedent Is quite tn,
thing 1t ought to be, II capable of be
ing construed as an encouragement t.
homicide on sometimes slight and i'm
aginary, sometimes wholly baseless ant
pretended provocation.
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